IN THE CASE OF:	  

		BOARD DATE:	    10 May 2011

		DOCKET NUMBER:  AR20100026202 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  He states the Purple Heart needs to be added to his DD Form 214.

3.  He provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on
16 September 1966 for a period of 2 years.  He completed training and he was awarded military occupational specialty (MOS) 62E (Construction Machine Operator).

3.  General Orders Number 323, issued by Headquarters, Fort Polk, LA, dated
14 December 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  He served in Vietnam from 23 February 1967 through 6 July 1967.  He was assigned to Company B, 5th Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile) in duty MOS 11B (Light Weapons Infantryman).

5.  General Orders Number 96, issued by Headquarters, 85th Evacuation Hospital, dated 22 May 1967, awarded him the Purple Heart for wounds received in action in Vietnam on 18 May 1967.

6.  General Orders Number 7104, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 25 November 1967, awarded him the Air Medal for meritorious achievement while participating in aerial flight from February 1967 to June 1967.

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of disciplinary actions or a commander's disqualification for award of the Good Conduct Medal.

8.  He was honorably released from active duty on 19 June 1968 in the rank/grade of specialist four (SP4)/E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

10.  In addition to the awards already shown on his DD Form 214, Item 41 (Awards and Decorations) of his DA Form 20 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Air Medal.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 5th Battalion, 7th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969, by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action in Vietnam on 18 May 1967.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded the applicant the Air Medal for meritorious achievement during the period February to June 1967.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  While in the Army, he attained the rank/grade of SP4/E-4, he served in Vietnam and he was wounded as a result of hostile action, and he received "excellent" conduct and efficiency ratings throughout his service.  There is also no record of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the 

Army Good Conduct Medal for the period 16 September 1966 through 19 June 1968 and correction of his DD Form 214 to show this award.

4.  The evidence of record shows he participated in two campaign phases while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  Records show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

6.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
16 September 1966 through 19 June 1968; and

	c.  adding to Item 24 of his DD Form 214 the:

* Purple Heart
* 
Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      ___________X___________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100026202



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ABCMR Record of Proceedings (cont)                                         AR20100026202



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